Many people use their cellphones in a wide variety of areas of their lives. They make phone calls, send text messages or use social media apps to send direct messages. They use their phones to make financial transactions or navigate to certain locations.
As a result, if someone has been accused of drug crimes, it’s natural that the police may want to look on that phone to see if they can find any evidence. But if you’re talking to a police officer and they ask you if you can unlock or open your phone for them, don’t assume that you have to do so. They’re trying to get your consent so that they can examine it for evidence. But just like a search of your home or your car, you don’t have to consent—and you don’t have to unlock your device.
They may get a warrant
The way that they can force you to do so is by getting a search warrant for the phone itself. They tell a judge why they need to search the phone and why they believe it may have incriminating evidence. The judge then gives them a court order specifying what they can look for on the device and allowing them to access it even without first getting your consent.
But it is critical for the police to take the proper steps, first getting the warrant and then opening the device. If they try to force you to open it in another way—such as physically placing your hand on a fingerprint scanner—that could be a violation of your rights and an illegal search. It may mean that, even if they find evidence of drug-related offenses on the device, they can’t use that evidence if your case goes to court.
All this can be very complex, and drug charges can have serious ramifications, so be sure you understand your legal options.